England and Wales with reference to Ecclesiastical Duties and Revenues, so far as STAT. 2 & 3 they relate to Episcopal Dioceses, Revenues, and Patronage,' in which latter act VICT. c. 55. are contained certain provisions which were to continue in force for one year after the passing thereof, or, if parliament should be then sitting, until the end of the session of parliament: and whereas the said secondly-recited act, and the temporary provisions of the said last-recited act, have been continued by two acts passed for that purpose in the two last sessions of parliament, until the first day of August in the present year, and, if parliament shall be then sitting, until the end of the session of parliament: and whereas the commission in the said first-recited act mentioned expired in consequence of the demise of the crown, but the inquiries thereby directed, and the measures consequent thereon, have not yet been brought to a termination, and it is therefore expedient to continue the said secondly-recited act, and the temporary provisions of the said thirdly-recited act, for a limited time, and with the exceptions hereinafter mentioned; be it enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that the said secondly-recited act, and the said temporary provisions Former susof the said thirdly-recited act, shall continue and be in force until the first day of pension acts August one thousand eight hundred and forty, and, if parliament shall be then continued for a year. sitting, until the end of the then session of parliament: provided always, notwithExceptions. standing anything in this act or in the said recited act contained, that upon the vacancy of any three prebends in the cathedral church of Canterbury in the patronage of the crown it shall be lawful for her majesty to appoint a successor to the third of such vacant prebends, and upon the vacancy of any two prebends in the same church in the patronage of the Lord Archbishop of Canterbury, it shall be lawful for the said archbishop to appoint a successor to the second of such vacant prebends; and that upon the vacancy of any two canonries or prebends residentiary in either of the cathedral churches of Bristol, Chester, Ripon, Salisbury, or Wells, it shall be lawful to appoint or elect a successor to the second of such vacant canonries or prebends residentiary in such churches respectively; and that upon the vacancy of two prebends in either of the cathedral churches of Gloucester, Norwich, or Rochester, besides the prebends which are respectively annexed to the masterships of Pembroke College in Oxford, and of Catherine Hall in Cambridge, the provostship of Oriel College in Oxford, and the archdeaconry of Rochester, respectively, it shall be lawful to appoint a successor to the second of such vacant prebends in such churches respectively; and that upon the vacancy of any three canonries or prebends residentiary in either of the cathedral churches of Ely, Exeter, Winchester, or Worcester, or in the collegiate church of Saint Peter, Westminster, or in her majesty's royal free chapel of Saint George in Windsor, besides the prebend in the said church of Worcester which is annexed to the Lady Margaret's professorship of divinity in the university of Oxford, it shall be lawful to appoint a successor to the third of such vacant canonries or prebends residentiary in such churches respectively; and that nothing in the said recited acts or in this act contained shall prevent the appointment of the Reverend Henry Jenkyns, professor of Greek in the university of Durham, to the prebend in the cathedral church of Durham designed for him by the late William bishop of Durham, and now held by Richard Prosser, doctor of divinity, if the same shall become vacant; and that upon the vacancy of any other three prebends in the same cathedral church, besides the fourth prebend, which is by an act passed in the second year of his late majesty's reign to be annexed to the archdeaconry of Durham, it shall be lawful to appoint a successor to the third of such vacant prebends; and that in the same cathedral church, and in the said collegiate church of Saint Peter, Westminster, it shall be lawful to fill up any vacancy whereby the number of prebendaries in such two last-mentioned churches respectively shall be reduced below the number of six; and that when the canonry and prebend in the cathedral church of Hereford now held by Henry Charles Hobart shall become vacant, it shall be lawful to appoint a successor thereto. 7 Gul. 4 & 1 Vict. c. 71. 1 & 2 Vict. c. 108. "II. And be it enacted, that during the vacancy of any dignity, prebend, Patron of STAT. 2 & 3 vacant sinecure to be patron of any appendant benefice. canonry, or benefice without cure of souls, which is now vacant under the provisions of the said recited acts, or which shall hereafter become vacant during the continuance of this act, the holder or incumbent of which respectively, if a successor had been duly admitted thereto, would have been in right thereof the patron of any benefice with cure of souls, the patron of such dignity, prebend, canonry, or benefice without cure of souls shall be considered for all legal purposes to be the patron for the time being of any such benefice with cure of souls. "III. And be it declared and enacted, that all the powers and provisions of the said first-recited act (except only so far as the same are varied by the said secondlyrecited act) shall extend and apply to all dignities, prebends, canonries, and benefices without cure of souls which have become vacant since the fourth day of February in the first-recited act mentioned, or which shall become vacant during the continuance of this act, except only as to so much of the profits and emoluments of any prebend or canonry to which a successor has been or may be appointed under the said recited acts or one of them, or this act, as may have accrued or may accrue since or after the appointment of such successor. Proviso for within new limits of dio ceses. "IV. Provided always, and be it enacted, that, notwithstanding anything in visitations, &c. this act or in the said recited acts contained, any bishop or archdeacon may bold visitations of the clergy within the limits of his diocese or archdeaconry, and at such visitations may admit churchwardens, receive presentments, and do all other acts, matters, and things by custom appertaining to the visitation of bishops and archdeacons in the places assigned to his jurisdiction and authority, under or by virtue of the enactments of the thirdly-recited act, and any bishop may consecrate a new church or chapel or a new burial ground within his diocese, as assigned under the provisions of the last-mentioned act. "V. And be it enacted, that, in order to prevent any difficulty which by reason of the restrictions contained in the said secondly-recited act might occur in any cathedral church in the filling up of the deanery thereof, or of a canonry resi dentiary therein, in consequence of the provisions of any statute, or of any usage or custom of such church, nothing in the said secondly-recited act or in this act contained shall, during the vacancy of the deanery of any cathedral church, prevent the appointment or collation of any spiritual person to any canonry, prebend, or dignity, or his appointment to any canonry residentiary in such church, to the intent and purpose that such spiritual person may be appointed, elected, or other wise admitted to the deanery of the same church, nor the appointment of any spiritual person already holding a canonry, prebend, or dignity in such cathedral church to any canonry residentiary therein, to the same intent and purpose, nor during the vacancy of any canonry residentiary in any cathedral church, which, notwithstanding the restrictions aforesaid, may, according to the provisions of the said secondly-recited act or of this act, be filled up, shall prevent the appointment or collation of any spiritual person to any canonry, prebend, or dignity in the same church, to the intent and purpose that such spiritual person may be appointed to such canonry residentiary, but that every spiritual person who by virtue of the provision shall be admitted to any canonry, prebend, or dignity, or to any canonry residentiary, to either of the intents and purposes aforesaid, shall hold and enjoy the same respectively, with all the rights, privileges, and emoluments to the same respectively belonging or appertaining, subject nevertheless to such measures and regulations as may hereafter be enacted respecting the same: provided always, that if after the appointment or collation to any canonry, prebend, or dignity, or the appointment to any canonry residentiary, in any cathedral church, by virtue of this provision, of any spiritual person, to the intent and purpose of his being appointed, elected, or otherwise admitted to the deanery thereof, or to a vacant canonry residentiary therein, any other than such spiritual person shall be appointed, elected, or otherwise admitted to such deanery or last mentined canonry residentiary, as the case may be, the canonry, prebend, or dignity, or the canonry residentiary, to which such spiritual person shall have been appointed ar collated, shall be and be held to be ipso facto vacant, and the appointment, cellation, election, or other admission thereto absolutely void and of no effect." First-recited cies. Not to prevent appointments to qualify for holding a deanery or canonry residentiary. XLIX. STAT. 2 & 3 VICIORIE, c. 56. A.D. 1839. "XV. And be it enacted, that in every borough gaol and house of correction a Chaplains of clergyman of the church of England shall be appointed to be chaplain thereof, by gaols to be the same authority by which the keeper is appointed, but no such chaplain shall appointed. officiate in any prison until he shall have obtained a licence from the bishop of the diocese, or for any longer time than while such licence shall continue in force; and notice of every such appointment shall, within one month after it shall take place, be transmitted to the bishop by the town clerk. "XVI. And be it enacted, that no person who shall be appointed after the commencement of this act to the office of chaplain of any prison in which the average number of prisoners confined at one time during the three years next before his appointment shall not have been less than one hundred shall hold any benefice with cure of souls, or any curacy, whilst holding the office of chaplain of such prison; and that in every prison in which the average number of prisoners confined at one time during the three years next before his appointment shall not have been less than two hundred and fifty, it shall be lawful for the justices or other persons having the appointment of the chaplain (1) to appoint, if they shall see fit, an assistant chaplain or assistant chaplains, and for the persons having the control of the funds applicable to the expenses of such prison to fix the salary to be paid to such assistant chaplain or assistant chaplains, and to make orders for the payment thereof out of the fund applicable to those expenses: provided always, that every such chaplain and assistant chaplain shall reside within a distance not exceeding one mile from the prison in which they hold their chaplaincies: provided also, that nothing herein contained shall be construed to affect the appointment or the salary of the chaplain of the royal hospital of Bridewell." L. STAT. 2 & 3 VICTORIA, C. 62 (2). A.D. 1839. "An Act to explain and amend the Acts for the Commutation of Tithes in England and Wales." "(3) Whereas an act was passed in the seventh year of the reign of his late majesty King William the Fourth, intituled, 'An Act for the Commutation of Tithes in England and Wales:' and whereas an act was passed in the first year of the reign of her present majesty to amend the recited act: and whereas an act was passed in the second year of the reign of her present majesty, intituled, 'An Act to facilitate the Merger of Tithes in Land:' and whereas it is expedient to explain and amend the said acts in certain respects: be it therefore declared and enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that in every case where any tithes or rent-charge shall have been or shall hereafter be released, assigned, or otherwise conveyed or disposed of under the provisions of the said acts, or any of them, or of this act, for (1) Appointment of the chaplain:-Prior to Stat. 5 & 6 Gul. 4, c. 76, the city of Bath was incorporated by the name of the mayor, aldermen, and citizens of the city of Bath. The charter contained the grant of a gaol, and a limited criminal jurisdiction, to be exercised by the recorder and the corporate justices, but not extending to felonies. It also authorized the mayor, aldermen, and citizens annually to elect two of themselves to be bailiffs of the said city, and directed that the bailiffs for the time being should be keepers of the gaol of the city. After the passing of the Municipal Corporation Act, the new corporation received the grant of a separate court of quarter sessions, with power to try felonies, and certain persons were appointed justices for the city by com mission; but the corporation still continued (3) Vide Stat 6 & 7 Gul. 4, c. 71, s. 71; Stat. 7 Gul. 4 & 1 Vict. c. 69; and Stat. 1 & 2 Vict. c. 64. STAT. 2 & 3 Chaplains of certain gaols to hold no other benefice. Assistant chaplains may be appointed. STAT. 2 & 3 On merger of tithes or rentcharge, the merging or extinguishing the same, the lands in which such merger or extinguishment shall take effect shall be subject to any charge, incumbrance, or liability which lawfully existed on such tithes or rent-charge previous to such merger to the extent of the value of such tithes or rent-charge; and any such charge, incumbrance, or liability shall have priority over any charge or incumbrance existing on such lands at the time of such merger taking effect; and such lands, and the owners thereof for the time being, shall be liable to the same remedies for the recovery of any payment and the performance of any duty in respect of such charge, incumbrance, or liability, or of any penalty or damages for nonpayment or nonperformance thereof respectively, as the said tithes or rent-charge, or the owner thereof for the time being, were or was liable to previous to such merger. "II. And be it enacted, that every person entitled to exercise the powers for merger of tithes or rent-charge in land under the said acts or any of them, or of this act, may, with the consent of the tithe commissioners for the time being under lands being of their hands and seal of office, and of the person to whom the lands in which such Power for special apportionment of such charge on three times the value of the charge. merger or extinguishment shall take effect shall belong, either by the deed or other instrument or declaration by which such merger shall be effected, or by any separate deed, instrument, or declaration, to be made in such form as the commisioners shall approve, specially apportion the whole or any part of any such charge, incumbrance, or liability affecting the said tithes or rent-charge so merged or extinguished, or proposed to be merged or extinguished in such lands, upon the same or any part thereof, or upon any other lands of such person held under the same title and for the same estate in the same parish, or upon the several closes or portions of such lands, or according to an acreable rate or rates upon lands of different quality, in such manner and proportion, and to the exclusion of such of them, as the person intending to merge the same, with such consent as aforesaid, may by any such deed, instrument, or declaration direct: provided always, that no land shall be so exclusively charged unless the value thereof shall in the opinion of the said commissioners be at least three times the value of the amount of the charge, incumbrance, or liability charged or intended to be charged thereon, over and above all other charges and incumbrances, if any, affecting the same. "III. And be it enacted, that the assessor or collector of any rate or tax shall, within forty days after the receipt of a notice in writing signed by any landowner or titheowner interested therein, specify in his assessment made for the purpose of collecting and levying such rate or tax the names of the several occupiers of tithes, lands, and tenements subject to such rate or tax, as well as the sum assessed on the tithes, lands, or tenements held by each such occupier. STAT. 2 & 3 VICT. C. 62. charges thereon to be charges on lands. Name of each occupier, and sum charged on him, to be specified by assessor, on notice from owner. Power of special apportionment on tithes or rent-charge. "IV. And be it enacted, that where the whole of the great tithes or the whole of the small tithes, or the respective rent-charges in lieu thereof, shall be lawfuity subject to any such charge, incumbrance, or liability, and the person entitled to such tithes or rent-charge respectively shall be desirious of apportioning such charge, incumbrance, or liability respectively exclusively upon any part of such tithes or rent-charge, although such person has not the power or does not intend to merge the same under the said acts or this act, such person may, with the like consent of the said commissioners, and in such manner as they shall see fit and prescribe, and also with the consent of the bishop of the diocese, specially apportion such charge, incumbrance, or liability respectively upon any part or portion of the tithes or rent-charge respectively subject thereto, not being in the opinion of the said commissioners less than three times the value of the said charge, incumbrance, or liability, or of such part thereof as shall be so apportioned thereon, or intended so to be. Expenses of special apportionment to be borne by par "V. And be it enacted, that in every such case of special apportionment the costs and expenses of or incident thereto shall be borne by the party at whose instance the same shall have been made, and shall be recoverable as other costs of apportionments are recoverable under the provisions of the said recited acts or either of them, or of this act. ties applying for same. Tithes and "VI. And be it declared and enacted, that the provisions of the said acts and rent-charge of this act for merger or extinguishment of tithes or rent-charge instead of tithes in the lands out of which such tithes shall have been issuing, or whereon such rentcharge shall be fixed, do and shall extend to glebe or other land, in all cases where the same and the tithes or rent-charge thereof shall belong to the same person in virtue of his benefice, or of any dignity, office, or appointment held by him. "VII. And be it enacted, that in every case of merger of tithes or rent-charge issuing out of land of copyhold tenure, and subject to arbitrary fine, it shall be lawful for the said commissioners, on the application of the owner of such land, to ascertain, by such ways and means as they shall think fit, the annual value of the tithes or rent-charge so merged or intended to be merged; and the said commissioners shall in such case cause to be endorsed on the deed, declaration, or other instrument effecting such merger a certificate under their hands and seal, setting forth such annual value so ascertained; and in every case of future assessment of fine on the lands which before such merger were subject to such tithes or rentcharge, the parties entitled to such fine shall assess the same as if such lands were subject to the tithes or rent-charge of which the annual value shall be so endorsed; and the production of such deed, declaration, or instrument of merger, or of a duplicate thereof, with such certificate endorsed, or of an office copy of such deed, declaration, or instrument and certificate endorsed thereon, shall be sufficient evidence of the annual value of such tithes or rent-charge. "VIII. And be it enacted, that, notwithstanding anything in the said acts or any of them contained, in any case where a parochial agreement for rent-charge or for giving land instead of tithes, or any compulsory award, has been duly confirmed by the said commissioners, and it shall appear to them, at any period before the confirmation of the apportionment of such rent-charge, that by reason of fraud, or by the omission or insertion through error of the tithes or lands of any party thereto, or of the name of any person, whether as titheowner or landowner, who ought, or, as the case may be, who ought not, to have been party thereto, or any other manifest error, that such agreement or award would be unjust, and that if such fraud, omission, insertion, or other manifest error had not occurred the said commissioners would have come to a different conclusion in respect of such agreement or award, and would have declined to confirm or would have varied the same previous to such confirmation, it shall be lawful for the said commissioners, if they shall see fit, and in their sole discretion, but not otherwise, by a separate award to rectify such agreement or award in any of the matters aforesaid, in such manner as to them shall seem just; and all the provisions and powers of the recited acts relating to compulsory awards shall be applied in every such case, in respect of the matter so dealt with, in as full a manner as if no such agreement or award had been made, or as if the same were made in respect of a separate district; provided always, that in every such separate award the matter so dealt with, and the grounds on which the commissioners shall have seen fit to make the same, shall be recited or otherwise set forth in the draft thereof, in addition to the other particulars required by the said acts, or any of them, to be set forth in compulsory awards; and every such award shall, in the notice of meeting for hearing objections thereto, be called a separate award by way of supplement to the parochial agreement or award in the parish to which such separate award relates. "IX. And be it enacted, that it shall be lawful at any time before the confirmation of any apportionment after a compulsory award in any parish, for the landowners and titheowners, having such interest in the lands and tithes of such parish as is required for the making a parochial agreement to enter into a parochial agreement for the commutation of Easter offerings, mortuaries, or surplice fees, or of the tithes of fish or fishing, or mineral tithes; and all the provisions, conditions, limitations, and powers of the said recited acts or any of them, relating to parochial agreements, so far as the same shall in the judgment of the commissioners be applicable to the subject of the proposed commutation, shall be observed and applied in every such case as if no previous award had been made; and every such agreement may fix the period at which the rent-charge to be paid under such agreement shall commence, but so nevertheless that the same and the subsequent payments thereof shall be made on some day fixed for the payment of the rent STAT. 2 & 3 VICT. c. 62. glebe may be merged. Provision for of tithes and Power to make award by way of supplement to parochial agreement in cases of fraud, &c. Power after |